Moot Court

Their first full-blown experience of a courtroom in real life is usually in the

moot in their law colleges. From knowing nothing about courtrooms to being
thrown into this mooting arena is unnerving for them, to say the least.

What is mooting?

Moot refers to an unsettled issue that remains open to argument. It also

refers to an undetermined legal question which is yet to be decided by any
court. In present-day context, mooting is the submission of oral and written
legal arguments, against an opposing counsel, based on a given unsettled
legal problem, before a judge or a bench. The students are assigned sides:
plaintiffs/appellants or defendants/respondents, and then they analyse the
legal problem, research, prepare memorials and make submissions before
the judge(s).

What is a moot court?

A moot court is a mock court hearing usually in an appeal stage, where the
participants make oral submissions before the judges after analysing a legal
problem. The participants have to research the relevant laws, draft written
memorials and plead their case before the panel of judges. The moot
problem is usually in unsettled areas of law or laws which have had recent
changes or development. They have few grounds of appeal which is argued
by each side.

In a moot court the evidence is already admitted. The participants submit

their arguments based on facts, supported by precedents, legal provisions
and case laws. The judges may interrupt the submission to seek
clarifications.

What are the different types of moot?

Essentially, there are two types of moot court competitions – national and
international. But, based on procedures and nature of moot problem there
can be different types of moot. Like, an arbitration moot which revolves
around an arbitration problem and follows its procedure, or a trial advocacy
moot, or a civil moot or criminal moot. There are also moots based on the
area of laws like intellectual property law moot, commercial arbitration moot,
anti-trust moot, human rights moot, space law moot, etc.
What are the essentials components in a mooting competition?

1. Fact Sheet

The holy grail for the moot court competitors is the fact sheet or the problem
sheet. You cannot argue if you don’t know your facts. The facts are essential
for the moot court competition as their analysis is what will win the
competition. You may know the law, but if it doesn’t support your facts
properly, then you are in for trouble.

The fact sheet is the legal problem along with the details like circumstances,
background, the dispute and even your legal grounds! Everything you need
to know about the case is in there. It is the first step from where you start to
build your case.

2. Research

 A good lawyer can argue for any side! The research should initially be based
on what the fact sheet mentions. For instance, if X has a dispute with Y who
has launched a product with a similar appearance, you immediately know it
is related to intellectual property law. Then you can find out whether the
design or the logo or the name or all of it has been infringed and how!

Then there are the applicable procedural laws, related laws, relevant case
laws, bylaws, constitutional provisions, executive rules supporting your side
of the arguments. There is no way around good research. It is the entire
basis of your case!

3. Written Submission/Memorials   

The next thing is writing the memorials or written submissions. Usually, the
rules of the moot court competition give some specification regarding the
standard formatting of the memorials like font size, spacing, margins, etc.
which has to be adhered to.

The standard components of a memorial are cover page, table of contents,

index of authorities, list of abbreviations, statement of jurisdiction, statement
of facts, statement of issues, the summary of arguments, arguments
advanced and prayer.

The presentation is of utmost importance in a competition. A judge who has

to go through several memorials is likely to favour a memorial which makes
his work easier, i.e., a memorial which is well formatted, paginated, clearly
demarcated, arguments and case laws which has a logical flow and is easier
to comprehend.

4. Oral Arguments

The quintessential aspect of mooting is presenting the arguments to the

opposing counsel and the panel of judges. It is not the same as debating or
public speaking. It is an art of linking the facts and the research to convince
the judges of your side of the argument. The mannerisms are essential to the
court decorum and they must be maintained while submitting the oral
arguments.

The oral arguments are based on one’s memorial and one cannot deviate
from it, except probably with the judges’ permission. The oral submission has
to capture the judges’ attention and has to be paced accordingly. As the
competition has time constraints, participants should give a brief outline of
their facts and arguments at the onset. There should be a logical connection
in one’s arguments and the speakers should slowly build up to the main
contention.

Sometimes, if the time permits, the judges’ may give time for a rebuttal to
the participants, so while the other side is making their submissions, it is
pertinent to note the points for rebuttal.

5. Rules of the Moot Court Competition

Although the rules of moot court competitions are overall standard, every
participant receives these guidelines and must adhere to it. The rules may
vary sometimes regarding time allotments, formatting, etc. Afterall, it is a
competition and the one scoring higher on the different components of the
competition wins!

6. Soft Skills

In the moot courtroom, the decorum and mannerisms imitate the real
courtrooms as much as possible and no participant should be held in
contempt of court in any event. So participants bow to judge as they enter,
clerks announce the matter and keep time, mooters give their oral
submissions, judges ask them few questions and the court is adjourned for
brief judgment and feedback on participants’ performance.

The participants are expected to be well-groomed and in proper court attire

for a courtroom. No lackadaisical, rude and unruly behaviour would be
appreciated by the judges. Make eye contact with the judge and listen to
both the judges and opposing counsel carefully. You can only rebut what you
have heard in the first place. Never interrupt judges when they are speaking.
Speak simply and confidently.

There are tips and techniques which aid a mooter and work in the
background during the competition. They are things which seem too obvious
but are often forgotten.

Components of a moot
 A Judge or a bench of Judges
 A moot proposition (legal problem)
 Representatives of the parties involved (counsels or team
composition of representatives, generally consisting of 3 persons,
two speakers and a researcher)
 Court clerks.

Importance of mooting
Mooting helps in the overall development of an individual as a good and
proficient lawyer and participating in Moot Court Competition regularly makes
a student familiar with the proceedings that take place generally in real
courtrooms. Thus, the advantages of mooting are as follows:

A) Networking
One of the important features of mooting is that it helps you to connect and
socialize with so many people across the globe with whom you connect in the
process of mooting. As students from different places and colleges come to
represent themselves, it gives an opportunity to get the exposure to the
outside world.

B) Researching and Writing  Skills

Participating in the moot court competitions helps you in enhancing your
researching skills because it is your research on the basis of which you will
be fighting your case and representing your side and it also helps you in
framing a good moot court memorial on the basis of which the other team
would raise objections and question you. This will also help in enhancing your
skills as to how to adapt to prompt situations and how you tackle situations
where you are at unease.
C) Building Confidence
Mooting helps an individual to build his confidence in communicating and
putting his view in front of the people. It helps a person to build his
confidence to such an extent that he does not fear to question or to speak in
front of anybody and can fight cases efficiently.

D) Practical Knowledge
Mooting helps in giving the practical implication and knowledge to the
students who are studying law in such a way which they will never find in the
books and would be unaware of, as practical and theoretical knowledge are
like two different sides of the same coin and to pass the hurdle you need to
study both of them although both look same but are totally opposite in
reality.

E) Team Work
Moot court competitions take place in the school or colleges who organizes it
and the various teams from different colleges come and participate in the
event. The team comprises of 3 students with one as the researcher and the
other two as the speakers presenting their arguments on either side. This
teaches the students to perform well when they are together in as a team
and analyse what are their strengths and weakness, how can they work upon
them to achieve maximum efficiency. It also helps to work with people who
are different from you and it also teaches how to coordinate with each other.

A) Society Welfare
The society needs efficient lawyers, mainly judges and advocates so that the
society can benefit at large due to the pendency of the cases in India. For the
purpose to provide proficient individuals who are perfect in their field is not
an easy task, for the same purpose mooting is really important to build such
lawyers for the benefit the society at large, so that the problem of pendency
of cases can be solved in the near future because if there will be efficient and
good judges, the problem will be solved automatically.

B) Practicing
The main purpose of mooting is that to make you practice before actually
becoming a professional and practicing in courtrooms about everything. If
you have years of practice then it is easier for one to make a lot of clients
because of his practice and knowledge one has gained in the field.
C) Experience
An important part of every individual’s life from which it grows is the
experience he gains from the life that he gets and gaining experience will
help in any profession because it is the experience that matters when the
case or proposition is related to very controversial laws and topics and at
that time the experience helps him as how to go ahead in the case. This is
done by participating in different kind of moots by going to different cities
meeting new people from various law schools and interact with them will
definitely help you in understanding the law in a better way.

D) Creative thinking
When one participates in different kinds of moot court competitions in
various places and colleges, there might arise situations that you have to
play with words and mould the case in your favour then there comes the art
of creative thinking which you are required to show and you have to think on
your feet as you cannot be prepared for everything, as moot court is a place
where you have to expect the unexpected. Thus, it will also help you to
enhance your thinking in a better way.

Etiquettes and manners

While entering the courtroom

 Whether or not the judge pays heed to you, the person should bow
before the judge the moment he enters the courtroom.
 Unless anything, on the contrary, is provided, the sitting has to be
done in a manner that the appellant must sit on the left, while the
respondent must sit on the right, facing the judge.
 When the judge enters the courtroom after you, one has to stand
up, and when he (the judge) reaches his chair the counsels bow
before him and then take their respective seats.
 The first counsel is supposed to approach the platform and bow
before the court/bench before beginning the arguments when the
judge indicates so.

During oral pleadings

Now emphasising on one of the most, if not the most important phase of a
moot, that is oral arguments in which the counsels as a speaker are required
to adhere to a specific court language in which they make their arguments
before the judge (or the bench). They are as follows:

 Make sure to address judges with courtesy by using the terms “Your
Honor”/”Your Excellency”/”Your Lordship.” Generally in India, we
use Your Lordship (and Your ladyship to a female judge if there is
any. Also, the counsel can ask the judges, if there are male and
female judges, to refer to them collectively as your lordship.
Generally, they do give the permission to be collectively called as
your lordship, seldom does it happen that they don’t. That is why it
is advised that one should ask beforehand how the bench would
prefer to be addressed).
 After seeking permission as to how the judge(s) want to be
addressed as, the counsel usually begins the next statement by
stating “May it please the Court/your lordship(s)…” 
 While the counsel wants to agree or acknowledge what the judge(s)
is saying, he should do so by responding “Indeed Your Lordship/
Much Obliged Your Lordship”.
 If for making the corrections in the memorial you were holding the
pen or the pencil in your hands, it should not be with you while you
are speaking as keeping them in the hands or waving the pen/pencil
while making the arguments as it can seem very disrespectful to the
bench/judge(s).
 As much as possible, one should avoid bodily motions such as
shifting from one foot to another and making excessive hand
gestures. Keeping one’s hands on each side may help to avoid this.
 Instead of being forceful and confrontational, one should take a
moderate and steady conversational approach. The counsel must
engage in the proceedings while making the arguments instead of
simply narrating them.
 When the judges ask a question, try answering it completely to the
best of your ability and do not put it off by saying you’ll get back to
it later. Even if the Judge deviates the counsel from his track, the
counsel should still always put the Judge’s lead first.
 When a judge(s) tries asking anything and if one gets confused or
does not understand something, one might ask a judge to explain or
clarify it.
 One can ask for a few seconds (like 10-15 seconds) from the
judge(s) to recall a certain thing if it does not pop up immediately.
It is advised that asking for a few moments to recall something
correctly is far better than answering wrong immediately.
 When the answer is unknown, plead ignorance by saying “the
counsel pleads ignorance” and ask for a chance to make a calculated
estimate.
  If one makes a mistake, it is advised to gently clarify your position
in front of the judge without becoming embarrassed, and never try
to hide it. 
 When you can back up your stance with a well-reasoned argument,
you may respectfully disagree also.
 You should readily accept the information rather than memorising
the words and be ready to answer any questions that may arise. To
do so, start by making counter-arguments from the opposing side,
then look for counter-arguments that are well-reasoned.
 When responding to a question, a slight pause is preferable. It will
also assist you in mentally formulating the answer.
 No matter what the issue is, always show deference to the Court.
 Before moving on to the next issue or point one should get
permission from the court.
 Before you sit down, thank the Court when you’re finished or have
run out of time.
 If you require an extension of time or notice that many issues
remain unresolved, calmly present your concerns before the Court
and request permission for the same.
 Memorize the first paragraph and the end paragraph, especially the
prayer, wholeheartedly.
 Maintaining eye contact in any conversation is referred to as one of
the most important etiquettes. The same is true with mooting. While
presenting your arguments, maintaining eye contact with the
judge(s) shows the confidence of the counsel arguing. One should
always try maintaining it.

Passing the information

 To deliver information to the judges, supply it to the court clerk
ahead of time, or, if necessary, transfer the material via the same
court clerk multiple times in a discreet manner.
 Use sticky notes to communicate information to the oralist without
disrupting the court.

While leaving the court

 One should get up and bow before the judge as he gets out of his
chair. Before leaving the courtroom, first wait for the judges to
leave. 
  One should never face his back to the bench.

Conclusion
We believe that mooting is one of the essential parts for a law student to get
the proficiency in this field and one must do different kinds of mooting as the
amount of exposure it gives to the students is tremendous plus the
knowledge and experience gained by the students is also quite helpful as it
will help them in the future when they will become lawyers and Judges of
High Court and Supreme Court and will deliver justice. So, these kinds of
mooting activities help a student to grow as an individual and also motivate
them to come up and show their skills.